Legal Question in Civil Litigation in Illinois

Neighbor destroyed part of fence/cut our bushes

Rear Neighbor (I'm assuming) decided to cut 4 - (18 year old) euronoyus bushes that were planted on our side of the fence. They grew upright & were used as a screening device.

The wood fence was cut through to cut the trunks. Over 95% of the bushes (8ft tall) & the limbs/etc were on our property. 5% of the limbs, leaves may have been on the line or over their property.

1. The neighboring property is a rental.

2. I didn't see who did it.

3. No one notified me they had a problem with out natural screening device.

4. Do I have any sort of legal recourse? To whom? How?

Thank you


Asked on 6/29/07, 12:55 pm

2 Answers from Attorneys

Noelle Ansley Noelle Ansley

Re: Neighbor destroyed part of fence/cut our bushes

It sounds as if you may have a viable cause of action against the owner of the neighboring property for destruction of your shrubbery. You should find an attorney in your area that specializes in property disputes who can help you handle this.

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Answered on 6/29/07, 2:08 pm
Shell Bleiweiss Law Offices of Shell J. Bleiweiss

Re: Neighbor destroyed part of fence/cut our bushes

The last time I checked IL law on this subject the neighbor could cut the limbs extending over their property, but not do anything that would kill the plants. Whether they could cut the fence of course depends on whose fence it is, theirs or yours. Your biggest problem may be proving who did it unless the neighbor will admit it.

Shell Bleiweiss

http://www.shell-bleiweiss.com

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Answered on 6/29/07, 2:18 pm


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